SOS Photos General Terms and Conditions of Use
Preamble
OODRIVE, a limited company with a capital of 309,126 euros, with its registered office at 26 rue du Faubourg Poissonnière 75010 Paris and registered with the Paris trade and companies register under no. 432 735 082 (hereinafter “Oodrive”) has developed an IT solution (hereinafter the “Service” or “SOS Photos”).
These general terms and conditions of use (the “T&Cs”) apply between Oodrive and any natural person who will use the Service, within the context of private use, having accepted these terms (hereinafter “the User”).
Article 1. Definitions
General Terms and Conditions of Use: this document, which stipulates the terms and conditions according to which the User uses the SOS Photos service.
Activation key: special unique number provided on the Product packaging and allowing the User to activate their personal account.
Personal Account: designates the User’s personal space from which he or she can access the Service.
Username: this is the email address the User provided when they created their Personal account. The User alone is responsible for its use.
Password: refers to a personal combination of letters, numbers and special characters allowing the User to be authenticated. This Password is personal and confidential, and the User alone is responsible for its use.
Software: refers to all programs provided within the framework of the Service, to be installed on the User’s fixed and mobile devices (computers and mobile devices) to provide access to all features.
Product: refers to the physical packaging via which the Service is distributed.
Article 2. Subject
These General Terms and Conditions define the terms by which Users are to use the Service.
Access to the Service requires the User’s unreserved acceptance of these General Terms and Conditions of Use.
Article 3. Duration
These General Terms and Conditions are applicable throughout the period of Service use.
Article 4. Service operation
The Service allows the User to store their data digitally, to share it with their contacts and to access it from various devices (computers, mobile phones, tablets).
Article 5. User Account
In order to access the Service, the User must open an account. When the User logs in for the first time, they must re-enter the Activation key displayed on the Product and provide their email address. They must also create their Password. No access to the Service will be authorized if these instructions are incomplete or inaccurate.
Article 6. Service access
Files can be accessed from any computer connected to the Internet, using a Password and a Username. For the Service to operate properly, the User must have a compatible computer, high-speed Internet access and a valid email address. The User can also install Software on their fixed and mobile devices. The User acknowledges that the devices on which the Service will be used are compliant with the minimum configuration required (details available on the website www.sosphotos.eu).
Article 7. Description of Service
The Service provided to the User allows Users to import and download their files (photos, videos, documents, etc.) from a web platform and/or different types of devices: Mac, PC, Smartphone (iOS and Android) and/or tablet (iOS or Android), to synchronize them and to share them with other platform Users.
Automatic backup from the smartphone may require special geolocation permissions (to be granted by the User when activating the service). If this permission is not granted, the backup will be triggered manually (at the launch of – the application).
The User can link a maximum of ten (10) devices to their Account at any one time. Additional devices replace one of the four (4) devices already linked if required (e.g. change of smartphone). To do this, the User must unlink one of their devices via the web interface or the application on the device in question.
The User can then access their personal data in the cloud, anywhere and at any time, provided they have access to an Internet connection. They can also share their data by email, by hypertext link and via social media. They can manage their shares in a dedicated menu and then view them, disable them, and delete or add recipients.
Finally, from a dedicated menu, the User can create, edit and send notes. For any additional information regarding the Service, the User should refer to the website www.sosphotos.eu.
Article 8. Recommendation and Assistance
We recommend that the User always keeps a copy of their data on a removable media device.
If there is an issue with the Service, the User may contact the store where he or she obtained the service. If the issue is not resolved, all Users have access to an online help integrated into the web interface and into the iOS and Android mobile applications in the form of FAQs, or via the contact/support area of the menu.
Article 9. Intellectual property
The User undertakes to install and use the Service for their exclusive personal use.
From the date the Service is activated, the User has custody of all Software and is responsible for it. As a result, the User undertakes not to copy, transfer, disassemble or modify the Software in any way whatsoever, nor translate it, grant any license or rental, or merge it with any other Software programs.
Oodrive owns all elements making up the Service and the Product (text, graphics, software, photographs, images, sounds, plans, logos, brands, creations and various protectable works, database, etc.) as well as the Product packaging.
The User acknowledges Oodrive’s intellectual property rights on the Service, the Software as well as on all documentation communicated by Oodrive and on the brands and logos belonging to Oodrive. Oodrive grants the User the usage right for the Service and Software under the conditions stipulated in the Contract.
The User is prohibited from infringing upon the property rights pertaining to these elements and, in particular, from reproducing, representing, modifying, adapting or translating them, or from extracting and/or reusing a qualitatively or quantitatively substantial part of them.
The data recorded by the User on Oodrive’s servers is deemed to have no market or commercial value, which the User acknowledges and accepts.
At the end of the Contract, regardless of the cause for this, the User undertakes to uninstall the Software from their computers and all devices (tablets, smartphones, etc.).
Article 10. The User’s duties and responsibilities
The User is entirely responsible for installing the Software. Oodrive can only warn the User against any risks relating to the installation of a software program on their terminals. Any data saved by the User on Oodrive servers that proves to be corrupted or infected by a virus, or any other computer program that may damage Oodrive or third-party hardware or software, may be deleted by Oodrive or placed in quarantine, and Oodrive will inform the User of this by email as promptly as possible.
In all cases, the User will hold sole responsibility for saving their data.
The User will be solely responsible for third parties for which they authorize access to the Service with their login credentials: email address and password.
The User must use the Service in accordance with the Law and regulations. As a result, the User is strictly prohibited from using the storage space made available by these T&Cs to store, in any form whatsoever, files the content of which would be an infringement of the law and applicable regulations (particularly in intellectual property law, etc.), and in this respect Oodrive holds all recourse against the User.
The User remains the sole owner of the data and files they store and/or transfer to the Service. The User is prohibited from transferring, storing, copying or sharing data for which they do not hold all rights and without the authorization of the right holders.
It is strictly prohibited to use the Service for any purpose other than private or reasonable (clearly excessive usage frequency for an individual, for example).
Oodrive reminds the User that using the Service through the mobile Internet may be subject to billing by their phone operator, and that it is the User’s responsibility to confirm whether this is the case. Oodrive declines any responsibility in the event that the use of the Service by the User was subject to billing by an operator.
The User declares that they acknowledge and accept that the data saved on Oodrive services is considered to have no retail or commercial value.
Article 11. Security and confidentiality
Oodrive is committed to taking all necessary measures, in accordance with the latest technology, to protect the security of the User’s files and data that are stored through the Service.
However, these security measures do not mean the User does not need access to the necessary software (particularly an antivirus) and to regularly analyze and process their data.
File transfers between the Partner’s applications and servers are made secure using 256-bit SSL (Secure Sockets Layer) encryption. Files placed in the Service are all stored anonymously and encrypted by an AES-256-bit algorithm.
Oodrive undertakes not to act on the User’s data beyond the ability to duplicate content from the storage space with the aim of guaranteeing redundancy and/or backup of the Service in the event of any interruption.
Oodrive undertakes to maintain strictly confidential the existence and content of Customer files and data stored on its servers through the intermediary of the Service and is itself forbidden from communicating these files and data to third parties, except in the event that the User violates any applicable legal provisions and/or requests from competent administrative or legal authorities.
Article 12. Personal data
The data entrusted by the User within the context of the Service is considered by Oodrive to be confidential. Oodrive is prohibited from selling or disclosing data except to meet regulatory and legal obligations.
Information such as “email address, connection IP addresses” will be stored by the Partner for the duration of the contractual relationship and for up to twelve months after the Service expires or is canceled.
The nominative information collected is essential for Oodrive to implement and manage the Service. The User expressly authorizes Oodrive to store data relating to them in a computer memory in accordance with the French Data Protection and Freedom of Information Law of 6 January 1978 in its current version dated 28 May 2018, in compliance with the General Data Protection Regulation (GDPR), and to communicate it to its subcontractors or to its partners in adherence to the General Service Conditions and their purpose.
The User may, for legitimate reasons, oppose the processing of this data. To exercise their rights to access, correction, deletion or opposition, the User must write to the following address: Oodrive, Délégué à la Protection des Données (Data Protection Representative), 26, rue du Faubourg Poissonnière, 75010 Paris, and attach to their request the copy of a valid identity document.
Article 13. Subscription period
During the Period of service use, the User may at any time duplicate all of their data stored within the Service by using the PC/Mac software or the web interface for the Service.
At the end of the subscription period, the User may extend the Service period via the website www.sosphotos.eu or via the sign selling the service.
If the User has not extended their subscription or if they expect to cancel the Service, for any reason whatsoever, Oodrive will not store any trace of their files and data and will delete the User’s account.
Article 14. Liability
Each party will be liable for their failures, errors or omissions, according to the common law conditions, and this liability will be limited to direct damages only.
The User alone has the opportunity to choose whether to save their files and data or not, to store them or to destroy them, and assumes sole liability for their choices.
Furthermore, neither may Oodrive under any circumstances be held responsible for indirect damages such as those applied by the courts.
The User acknowledges and accepts that the Internet network or any other network used for the purposes of transmitting data stored may be saturated and releases Oodrive from all liability in this regard.
Likewise, Oodrive shall not be liable for any interference by third parties in the User’s communication and transmission systems or for Service malfunctions or stoppages due to negligence, errors or any act whatsoever by the User or a third party to this contract.
Oodrive may not be held responsible for any failure during the receipt of data in the event that these failures are the result of filtering and/or locking techniques implemented by technical intermediaries, such as access providers, outside of this contract. If the User observes such failures, they are invited to contact their Internet access provider. Under no circumstances may the User hold Oodrive liable more than one (1) year after the occurrence of the damage.
You are reminded that Oodrive does not provide identification or virus protection services.
Article 15. General provisions
These T&Cs and the Service are subject to French Law.
In the event of force majeure, Contract obligations will be suspended for the duration of the force majeure. Cases of force majeure are expressly considered to be those usually cited by case law and the French Courts and Tribunals. In particular, in the event of interruption or saturation of the Internet network itself or of the User’s Internet access provider.
The parties agree that Oodrive is entitled to modify these terms and conditions without further formality than informing the User via an online notification on the website www.sosphotos.eu or by sending an email. The online terms and conditions take precedence over printed terms and conditions. In this case, if these modifications are less favorable to the User, the latter has one (1) month to request that Oodrive cancels this contract without penalty. If the User does not cancel, it will be assumed that they have accepted the new conditions.
Any litigation relating to the execution of the Service or the interpretation of these General Terms and Conditions of Use will be subject to the competent Tribunal in the defendant’s place of residence or the place where the Service is provided, or the place where the contentious act took place or in the jurisdiction in which damage was suffered, as chosen by the User, for any User in the capacity of consumer.